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Dashwanth vs. The State of Tamil Nadu

Not available · 2025 INSC 1203Decided 8 Oct 2025
Not available
Justice Vikram Nath · Justice Sanjay Karol · Justice Sandeep Mehta

Background

A seven-year-old girl went missing on 5 February 2017 while her parents were out; her body was later found. The accused, a neighbour who had helped in the search, was tried and convicted by the trial court for kidnapping, murder, and offences under the POCSO Act, and was sentenced to death. The Madras High Court confirmed the conviction and death sentence. The case against the accused rested entirely on circumstantial evidence: an alleged "last seen together" theory, CCTV footage of his movements, recoveries made pursuant to his disclosure statements (the body, undergarments, petrol bottles, ornaments), and DNA/forensic reports.

Decision Breakdown

The Supreme Court applied the settled rule that in a case built purely on circumstantial evidence, the prosecution must prove a complete, unbroken chain of circumstances that excludes every other reasonable hypothesis. Scrutinising the record, the Court found the "last seen together" witnesses had come forward only weeks later, after being introduced afresh by a second investigating officer, raising strong suspicion that this evidence was manufactured. The Court also found that the chain of custody for the DNA samples was compromised, no proper documentation existed for collection and transfer of the blood/tissue samples, rendering the DNA report unreliable, and noted several investigative lapses (no call records obtained, no identification parade, incomplete inquiries). Concluding that the chain of circumstances had not been proved beyond all manner of doubt, the Court set aside the conviction and death sentence and acquitted the appellant, ordering his immediate release.

Lesson Learnt

A conviction, especially one carrying the death penalty, cannot rest on circumstantial evidence or forensic reports where the chain of custody and the credibility of witnesses are compromised; courts must be satisfied that every link in the chain excludes innocence, not merely that guilt is likely. Proper, timely, and documented investigation procedure is not a technicality: its absence can be fatal to even a seemingly strong prosecution case.

Official source (sci.gov.in)View Judgment (PDF)

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